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Bond in Montgomery County DUI Cases

Posting bond in Montgomery County DUI cases is a complicated step that an arrested individual could take with the help of a hard-working DUI attorney. After an arrest, a diligent lawyer may be able to help a person get released from jail and give them the reprieve they need before proceeding with their defense case. Call a knowledgeable attorney if you have questions related to posting bond following a DUI.

Bonds in Montgomery County

As defined by Maryland law and the Montgomery County court system, a bond is a guarantee of some form of action. To be released from jail, a bond amount is set to guarantee an individual’s return to court if they are released from custody. When someone is placed under arrest, they are given charges and a court date that requires their appearance. The judge and the court system seek assurance that the person will appear for their hearing.

If they do not appear for their hearing, the case cannot move forward. To avoid this from occurring, a bond amount is set for a person to post as a guarantee that they will appear in court at the appointed time. The bond amount is returned to the individual once they appear in court. When they have satisfied that condition, a guarantee is no longer necessary.

Determining Bond Amounts

The bond amount is determined by the seriousness of the case, the person’s criminal history, and their flight risk. When an individual has no criminal history, it might be easier to get a lower bond amount. If they have a lengthy criminal history, the bond amount could be much higher. Factors like flight risk are also important. A person’s residency in the area and their ties to the community could help the court system determine whether they are likely to return for their hearing. If they are not likely to do so, the bond amount may be higher to incentivize the individual to return.

How to Post a Bond

Bond could be posted in different ways by cash or by collateral. Bonds could be posted using property, bank accounts, credit cards, 401Ks, and other monetary means. Judges often specify how a bond might be posted and what kind of guarantees other than cash are acceptable. There are also ways to post a bond through a bail bondsman.

A bail bondsman takes a fee, which is usually up to 10 percent of the bond amount, in exchange for posting the bond on behalf of a defendant. When the bail bondsman takes a fee to post bond for somebody, the fee is usually nonrefundable even if the person shows up to court and abides by all the conditions that are required. It is considered nonrefundable because it is the bondsman’s commission for posting the bond on the defendant’s behalf to ensure their return to court.

How a Montgomery County DUI Lawyer Could Help Defendants Get a Pre-Trial Release

A Montgomery County lawyer may help a defendant get released on bond since the bond schedule is often based on argument. This argument is made to the court by the defense attorney about what the appropriate bond amount should be. The defense attorney has a responsibility to explain to the judge that an accused person does not have a lengthy criminal record and is not a danger to the community or to themselves. The lawyer may tell the judge about the person’s ties to the community and is not a flight risk. Attorneys do this to show the judge that the individual qualifies for a reasonable bond to be released from jail.

When an individual posts a bond in a particular case, the bond amount is posted at the police station where they are being held. Depending on the hour of the day, the bond amount may also be posted at the Commissioner’s Office in certain cases. The defense attorney is instrumental in ensuring that that bond is set at an amount that is reasonable to make sure the defendant is able to afford to get out with minimal conditions attached to the bond amount. One of those conditions may be pre-trial release, which means that even if the judge agrees to release the person with a bond, they also want to stay connected with the individual during the course of their release.

The individual may be required to report to a pre-trial services office on a routine basis. They might have to report and give routine drug tests, provide verification of employment, and could have a curfew. The pre-trial services office is the judge’s agent and supervises a person while they are waiting for their criminal trial date. Not everyone participates in pre-trial services. Pre-trial makes a recommendation to the judge about whether they believe an individual is appropriate for the program. The judge who ordered the individual’s bond determines whether pre-trial is proper under the circumstances.

Implications of Not Complying With a Pre-Trial Release

Non-compliance with pre-trial release means an individual might have their bond revoked and be taken to jail. Pre-trial is a condition of bond just like money. When a person is not compliant, their bond is considered unsatisfied and they may be taken back into custody until the date of their hearing.

Hire an Experienced Montgomery County DUI Attorney Immediately

A seasoned Montgomery County DUI attorney could do many things immediately after arrest including requesting certain kinds of hearings, submitting requests for discovery, and interviewing witnesses for information. It is important that a person arrested for a DUI speak to an attorney immediately to make sure all of their rights are preserved. They do not want to miss any requirements needed for the preparation of their DUI case to get the best outcome possible if their case goes to court.